The following Employment guidance note provides comprehensive and up to date legal information covering:
Individuals who speak up to assert their rights under the Equality Act 2010 (EqA 2010) run the potential risk that they will be treated badly in retaliation. Not protecting working individuals who assert those rights would potentially entirely undermine the protection they enjoy against discrimination.
a woman suggests to her manager that he did not promote her because of her gender
the manager responds by dismissing her
he says that he did so not because of her gender, but rather because she had the impertinence to suggest that he had discriminated against her
His act is not direct discrimination. It is not indirect discrimination. It is, however, unlawful victimisation.
EqA 2010, s 27 states that a person victimises an individual if:
he subjects that individual to a detriment
he does so because:
that individual performed a 'protected act', or
he believes that that individual performed a protected act, or
he believes that that individual may (at some point in time subsequent to the detriment being inflicted) do a protected act
In this context, the tribunal should:
decide if the victim did perform a protected act (or the victimiser believed that he had done so or may do so) then
decide whether the victim has been subjected to a detriment, then
decide whether he was subjected to that
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